VoIP-Pal Takes a Positive Step Towards Remaining in the Western District of Texas with its Seven Mobile Gateway Patent Infringement Lawsuits Against Amazon, Apple, Google, Facebook/WhatsApp, T-Mobile, Verizon and AT&T
The Company provides an update on the progress of its patent litigation
WACO, Texas, Sept. 07, 2021 (GLOBE NEWSWIRE) -- VoIP-Pal.com Inc. (“VoIP-Pal”, “Company”) (OTCQB: VPLM) announced its updates concerning its pending patent litigations:
1. Litigation in the Western District of Texas (WDTX)
On September 3, 2021, the U.S. District Court for the Western District of Texas (“WDTX”), Waco Division, denied VoIP-Pal’s application and motion to temporarily restrain and enjoin Defendants Apple, AT&T, and Verizon from pursuing their 2021 declaratory-judgment actions filed in the Northern District of California (“NDCA”) involving VoIP-Pal’s Mobile Gateway Patents. The Court found no authority for issuing a temporary restraining order and preliminary injunction and did not believe that such a remedy was appropriate under the first-to-file rule. . Furthermore, the WDTX Court denied the defendants’ request to stay VoIP-Pal’s existing lawsuits in the WDTX involving the Mobile Gateway patents, pending the NDCA’s decision on whether the defendants’ declaratory judgment cases in NDCA against these patents were related to previous cases. Notably, the WDTX Court rejected the defendants’ argument that the 2021 Mobile Gateway cases in WDTX were similar the earlier cases VoIP-Pal had litigated in the NDCA.
2. Litigation in the Northern District of California (NDCA)
On August 25, 2021, the NDCA court denied Apple’s and AT&T’s administrative motions to consider whether their newly filed declaratory-judgment actions (Case Nos. 3:21-cv-5078-JD and 3:21-cv-5110-EMC) should be related to their previously filed declaratory-judgment actions (Case Nos. 5:20-cv-2995-LHK and 5:20-cv-02995-LHK). On August 26, 2021, the NDCA also issued an order denying that Verizon’s newly filed declaratory-judgment action (Case No. 3:21-cv-5275-BLF) is related to Verizon’s previously filed declaratory-judgment action (Case No. 5:20-cv-3092-BLF). There were also several developments with respect to the declaratory judgment suits of Apple, AT&T and Twitter in the NDCA seeking non-infringement and invalidity of U.S. Patent No. 10,218,606 (“the ’606 patent”) and U.S. Patent No. 9,935,872 (“the ’872 patent”) (Apple only), i.e., 5:20-cv-02460-LHK, 5:20-cv-02995-LHK (AT&T), and 5:20-cv-02397-LHK (Twitter). The NDCA court denied VoIP-Pal’s motions to dismiss the Apple and AT&T cases based on VoIP-Pal’s covenant not to sue on the ’606 Patent and ’872 Patent because the covenant was considered insufficiently broad to divest the NDCA Court of subject-matter jurisdiction. However, the NDCA Court dismissed Twitter’s action .
3. U.S. Supreme Court
On September 3, 2021, the Company filed its reply brief in support of its petition for a writ of certiorari filed with the Supreme Court of the United States on June 25, 2021, in its ongoing appeal of an NDCA order invalidating U.S. Patent Nos. 9,537,762 (“the ’762 patent”), 9,813,330 (“the ’330 patent”), 9,826,002 (the ’002 patent) and 9,948,549 (“’549 patent”). In particular, VoIP-Pal has asked the Supreme Court to hold its case pending resolution of another case pending before the Court, American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, No. 20-891, which presents similar legal issues, including whether it is improper to apply 35 U.S.C. §112 considerations to determine whether a patent claims eligible subject matter under 35 U.S.C. §101. VoIP-Pal’s petition is now fully briefed and awaits disposition. The case has been docketed as Case No. 20-1809. Copies of all briefs filed are available at the following link:
VoIP-Pal CEO, Emil Malak said, “On behalf of myself and our board of directors, I would like to extend our appreciation to all of our shareholders that continue to support us during this legal process. ‘Patience is a virtue.’”
About VoIP-Pal.com Inc.
VoIP-Pal.Com, Inc. (“VoIP-Pal”) is a publicly traded corporation (OTCQB: VPLM) headquartered in Waco, Texas. The Company owns a portfolio of patents relating to Voice-over-Internet Protocol (“VoIP”) technology that it is currently looking to monetize.
Any forecast of future financial performance is a “forward looking statement” under securities laws. Such statements are included to allow potential investors the opportunity to understand management’s beliefs and opinions with respect to the future so that they may use such beliefs and opinions as one factor among many in evaluating an investment. While the Company believes in the circumstances that legal action is needed to monetize its patents, patent litigation involves various risks and uncertainties that could affect its ability to monetize the patents. We recognize that it is impossible to predict the specific outcomes of litigation.
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IR Contact: Rich Inza (954) 495-4600
